SMNI asks Court of Appeals to stop NTC suspension order
MANILA, Philippines – Sonshine Media Network International (SMNI) has asked the Court of Appeals (CA) to stop the implementation of the suspension order imposed by the National Telecommunications Commission (NTC).
“The suspension order is immediately executory, that is why we are asking the Court of Appeals to issue a temporary restraining order to stop the implementation of the show cause order and also the suspension order,” former lawmaker and SMNI counsel Rolex Suplico told reporters.
Suplico said the NTC order violated several provisions of the Constitution, including right to due process, separation of powers, right to freedom of speech.
He said while it is true that they were ordered to respond to a complaint against SMNI, a suspension order was already issued.
“We are given 15 days to file our response but ang problema nito binigyan kami ng pagkakataon magrespond but may suspension na. So, in this case, this is a grave violation ng Saligang Batas. Inaabuso nila ang kapangyarihan nila,” he said.
[We are given 15 days to file our response, but the problem here is that we were given the opportunity to respond, yet there is already a suspension order. So, in this case, this is a grave violation of the Constitution. They are abusing their power.]
Last Dec. 21, NTC issued a 30-day suspension order against SMNI for alleged violations of its franchise terms.
Aside from the suspension, they were issued a show cause to explain why they should not face administrative sanctions.
The suspension order stemmed from House Resolution 1499, which states that SMNI violated provisions of its franchise, specifically Section 4, that restrains the network from using its facilities to propagate false information.
But Suplico, together with co-counsel, Atty. Mark Tolentino said the NTC, as a quasi-judicial body should have made its own determination instead of adopting the recommendation of the House of Representatives which is a violation of the separation of powers.
Both lawyers pointed out that the inquiry conducted by the House of Representatives is in aid of legislation.
